According to the Federal Court of Canada, an applicant’s study permit application was denied due to unjustifiable grounds such as prior academic failure and “inconsistent” academic goals. As a result, the application was eligible for judicial review.
The candidate, an Indian national, was granted admission to Niagara College’s full-time graduate program in international business management in 2021. The applicant applied for a study visa and a temporary residence permit to Immigration, Refugees and Citizenship Canada (IRCC) along with his acceptance letter.
A letter informing the applicant that his study permit was denied arrived a few months later. According to the officer, poor prior academic performance and inconsistent learning objectives were the two reasons for rejection.
Specifically, the officer discovered that the applicant’s University of Mumbai transcripts showed poor average grades in his main areas, ranging from 40% to 59%. The officer was not convinced that the applicant had shown the academic proficiency necessary to effectively finish the study program in Canada based on the facts provided.
Regarding the “inconsistency” of the applicants’ educational objectives, the officer pointed out that the applicant applied to an international business management program after being rejected from Data Analytics for Business. The officer asserted that the applicant failed to provide an explanation for the inconsistent educational aspirations in Canada throughout the applications.
The court held that the officer’s conclusions regarding his prior academic record lacked transparency and had no justification. The officer specifically did not make the connection between the applicant’s prior academic record and his chances of succeeding in his intended course of study. The court should not assume that the applicant’s poor performance in one field prevents them from succeeding in or completing a program in another field. According to the court, one can successfully complete a program without necessarily performing well in it. A lot of the variables that affect academic achievement are dynamic rather than static, the court added.
Additionally, Niagara College was undoubtedly confident that the applicant possessed the skills required to complete the course of study and hence offered the applicant admission. It is unreasonable for the officer to reject the applicant on the grounds of their poor academic history.
Regarding the consistency of the applicant’s educational objectives, the immigration officer did not give enough information about how the applicant’s educational objectives were deemed to be “inconsistent” based on a prior application to study Data Analytics for Business. The applicant sent in a letter outlining his decision to enroll in the International Business program. It’s unclear how the officer determined that the two applications showed “inconsistent” educational intentions in this particular situation, especially in the absence of any additional explanation from the officer.
Applicants should not be prevented from receiving a study permit or their capacity to successfully complete another program because of their previous academic achievement. Furthermore, a candidate may wish to pursue various educational programs in Canada, given that they offer a justification or explanation for their decision.
Source: CIC NEWS